BrianLo
Mouseketeer
- Joined
- Mar 29, 2019
- Messages
- 488
There are primarily two main FIRPTA agents most Brokers are recommending. None of them are based out of Canada. I'd highly recommend you retain one based in the USA.
To clarify, in order to apply for and receive an ITIN you are required to provide the FIRPTA agent with a certified true copy of your passport. You can obtain this through Service Canada. Going to a US Embassy is not necessary.
Unfortunately, applying for an ITIN is required if you wish to sell. No title company is going to close on the sale without you having one. There is too much risk to the buyer because once title transfers to them, the owner of the real estate is liable for any outstanding taxes on that real estate. With no ITIN, there is no way withhold your 15% FIRPTA.
Once you've provided the FIRPTA agent with your certified true copy of the passport, they can issue the required paperwork for you to close knowing the ITIN will be processed. The title company will hold back the 15% FIRPTA and the FIRPTA agent will finalize the paperwork with the IRS afterwards.
Right now, it is taking the IRS about 20 to 24 months to process the refunds for those who paid the 15% and applied to have it reimbursed.
For clarity, I was the buyer, not the seller. Hence my displeasure getting sucked into an arduous process. But I’ve signed off on cancelling the contract smoothly now!
Even Service Canada is a pain I don’t have time for.
I now know I’m holding what I own until expiry unless I have more consistent time on my hands.
